Facts
The petitioner is the recorded owner of land bearing Khasra No. 374/4 (0.28 acres) in Village Karhi, District Sakti
Source reference: para. 2She alleged that while a significant portion of her land was utilized for the construction of the Karhi Minor Canal, it was excluded from the land acquisition notification and the subsequent award passed by the Land Acquisition Officer on 31.03.2003
Source reference: para. 2Following unsuccessful oral requests, the petitioner submitted a formal representation to the Collector and relevant authorities on 13.01.2026, seeking compensation under the Land Acquisition Act, 2013
Source reference: para. 2Due to the respondents' failure to decide on the representation, the petitioner approached the High Court under Article 226 of the Constitution of India
Source reference: para. 1Issues
1. Whether the Court should direct the respondents to decide upon a pending representation regarding unpaid compensation for land utilized in a public project
Source reference: para. 5Law Applied
The Court exercised its discretionary jurisdiction under Article 226 of the Constitution of India to ensure the exhaustion of administrative remedies
Source reference: para. 1The petitioner sought relief under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, asserting her right to compensation for land utilized by the State
Source reference: para. 1.1, 2Reasoning
The Court examined the petitioner’s grievance regarding the deprivation of land for the Karhi Minor Canal without formal acquisition or compensation
Source reference: para. 2Although the State counsel raised the objection of inordinate delay in filing both the representation and the writ petition [para. 3], the Court prioritized the fact that a representation was currently pending before the competent authorities
Source reference: para. 2, 5Without delving into the merits of the compensation claim, the Court reasoned that the administrative authorities have a duty to resolve pending representations.
Source reference: para. 5Consequently, it determined that an expedited time-bound direction to the respondents to pass a speaking order would sufficiently address the petitioner's immediate grievance
Source reference: para. 5Holding
The High Court disposed of the writ petition without expressing an opinion on the merits
It directed Respondents No. 3 to 5 (Collector Sakti, SDO/Land Acquisition Officer, and Executive Engineer, Water Resources Department) to consider and decide the petitioner's representation dated 13.01.2026 in accordance with the law
Source reference: para. 5The Court ordered that this decision be taken expeditiously, preferably within six months from the date of receipt or submission of the court order
Source reference: para. 5Original Court PDF
SMT. JAGBAI SAHUvsSTATE OF CHHATTISGARH
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